Chapter 9.05


9.05.010    Intent.

9.05.020    Definitions.

9.05.030    Lewd conduct.

9.05.035    Facilitating lewd conduct.

9.05.040    Exceptions.

9.05.050    Penalty.

9.05.010 Intent.

The intent of this chapter is to protect and preserve the health, safety, and welfare of the people of the city of Bonney Lake by prohibiting any person from intentionally appearing nude or engaging in lewd conduct in a public place, or intentionally causing or permitting another person to appear nude or engage in lewd conduct in a public place within the city, subject to the exceptions provided in BLMC 9.05.040. (Ord. 1496 § 2, 2014; Ord. 1444 § 1, 2012).

9.05.020 Definitions.

The following definitions apply to this chapter:

A. “Public place provided or set apart for nudity” means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, or the location of a bona fide private club whose membership as a whole engages in social nudism or naturalism (a nudist resort or camp), an adult entertainment establishment as defined under Chapter 18.32 BLMC, and any similar public places in which nudity is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein.

B. “Public place” means any location open to the common and general use, participation, or enjoyment of the public where the public is present or likely to be present, or any location where the public is invited and is free to go upon special or implied invitation, or any location where a person may reasonably be expected to be observed by the public; this definition includes, but is not limited to, places open to the public for business or commercial purposes.

C. “Obscene” shall have the same meaning as set forth in BLMC 5.16.110(B). (Ord. 1496 § 2, 2014; Ord. 1444 § 1, 2012).

9.05.030 Lewd conduct.

A. A person is guilty of lewd conduct if, in a public place other than a public place provided or set apart for nudity, the person intentionally:

1. Exposes any of the following body parts, or portions thereof, without a full and opaque covering:

a. Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, bottom one-half of the anal cleft, buttocks, or anal cleavage;

b. Any part of the areola or nipple of the female breast; or

c. More than one-half of the part of the female breast located below the top of the areola;

2. Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered;

3. Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed, with the intention of sexual arousal of one’s self or others;

4. Masturbates; or

5. Engages in sexual intercourse or sexual contact as those terms are defined in Chapter 9A.44 RCW.

B. Body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or by which by its nature simulates the appearance of the anatomical area beneath it, is not a full and opaque covering within the meaning of this section.

C. Attire which is insufficient to comply with these requirements includes but is not limited to those items commonly known as G-strings, T-backs, dental floss, and thongs. (Ord. 1496 § 2, 2014; Ord. 1444 § 1, 2012).

9.05.035 Facilitating lewd conduct.

The owner, lessee, manager, operator, or other person in charge of a public place other than a public place provided or set apart for nudity shall be guilty of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed lewd conduct as defined in BLMC 9.05.030. Facilitating lewd conduct is a misdemeanor. (Ord. 1496 § 3, 2014).

9.05.040 Exceptions.

This chapter shall not be construed to prohibit:

A. The act of breastfeeding or expressing breast milk;

B. Plays, operas, musicals, or other dramatic works which are not obscene;

C. Classes, seminars, and lectures held for serious scientific or educational purposes;

D. Nonobscene adult entertainment exhibited in adult entertainment facilities as regulated under Chapter 18.32 BLMC;

E. Conduct which cannot be prohibited because it is protected by the United States Constitution or the Washington Constitution; or

F. Nudity of children under 10 years of age. (Ord. 1496 § 2, 2014; Ord. 1444 § 1, 2012).

9.05.050 Penalty.

Any person who violates the terms of this chapter or Chapter 5.16 BLMC, pursuant to BLMC 5.16.130, shall be guilty of a misdemeanor. (Ord. 1496 § 2, 2014; Ord. 1444 § 1, 2012).